NSWIn ForceAct
Strata Schemes Development Act 2015
106Easements on registration of strata plan that creates part strata parcel
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#### 106 Easements on registration of strata plan that creates part strata parcel
106 Easements on registration of strata plan that creates part strata parcel
> > (1) On registration of a plan as a strata plan that creates a part strata parcel, the following easements are implied in relation to the lots and common property comprising the part strata parcel and situated within a building—
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> > > (a) an easement benefiting the lots and common property for their subjacent and lateral support and burdening other parts of the building capable of affording support,
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> > > (b) an easement burdening the lots and common property for subjacent and lateral support and benefiting other parts of the building capable of enjoying support,
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> > > (c) an easement benefiting the lots and common property for their shelter and burdening all other parts of the building capable of affording shelter,
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> > > (d) an easement burdening the lots and common property for shelter and benefiting other parts of the building capable of being sheltered by the lots and common property.
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> > (2) All ancillary rights and obligations reasonably necessary to make easements effective apply in relation to the easements.
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> > (3) An easement for support or shelter—
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> > > (a) entitles the owner of the dominant tenement to enter the servient tenement to replace, renew or restore the support or shelter, and
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> > > (b) subsists until the easement is extinguished.
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> > (4) The Registrar-General must record the easements in the Register.
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> > (5) This section applies despite section 88 of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006).